HomeMy Public PortalAboutConservation Commission -- 2007-10-09 MinutesBrewster Conservation Commission Minutes -Meeting Under MA General Law
131, §40, Wetlands Protection Act
Massachusetts Department of Environmental Protection
(M.G.L. C.131. § 40)
And
Code of the Town of Brewster Chapter 172,
Brewster Wetlands Protection By-law (BWP By-law)
Call to Order
Chairman Stephen McKenna called the Tuesday, October 9, 2007 meeting of the Brewster
Conservation Commission to order at 7:00 PM at the Brewster Town Offices, 2198 Main Street.
Present
Commissioners Carroll Johnson, Read Kingsbury, Stephen McKenna, Marianne Pagos, Donald
Schall, Associate Member, Jeanne Boehm, Lori Macdonald Conservation Administrator, Carol
Spade, Administrative Assistant
Not Present
Commissioners Cynthia Baran, Jeffrey Brodrick
Public Hearing
Notices of Intent
• (Continued Hearing) Cobbs Pond Condominium Association proposes to stabilize the
base of a Coastal Bank with approximately 340 feet of anchored fiber rolls and a sand
drift fence, and nourish the Coastal Beach with approximately 2,400 +-cubic yards of
sand, on Assessors' Map 17, Parcel 1.
Because the proponent could not be present, he will be submitting a request to continue this
hearing to November 6. Read Kingsbury moved, Marianne Pagos seconded the motion to
continue the hearing to November 6, 2007. Continuance Approved Unanimously.
Review of Conservation Restrictions to Brewster Conservation Trust
1. 450 Stony Brook Road (6.94 acres) Assessors' Map 21, Parcel 75
Grantor: Richard E. Galligan, Trustee of "The Richard E. Galligan Revocable Living
Trust Agreement
2. 245 Run Hill Road (5.67 acres) Assessors' Map 35, Parcel 63-1 and 329 Run Hill
Road (2.49 acres) Assessors' Map 35, Parcel 64-1
Grantors: Elizabeth G. Taylor, Trustee of Run Hill Road Land Trust and Elizabeth
G. Taylor and Margery P. Zinn
3. 0 Crocker Lane (approximately 0.68 acres) Assessors' Map 16, Parcel 104-1
Grantor: Lisa C. LaBrecque, Trustee of Bates Realty Trust
4. Buggy Whip Road (approximately 3.68 acres) Assessors' Map 21, Parcel 94-5;
Assessors' Map 37, Parcel 8-1 & Assessors' Map 37, Parcel 13-1
Grantors: Brent, Trustee of Buggy Whip Nominee Trust; Brent and Barbara C.
Bowers
5. Ring Rock Road (0.18 acres) Assessors' Map 7, Parcel 2
Grantor: Carmen S. Scherzo
The Commissioners consensually agreed to request Michael W. Lach, Assistant Director,
Compact of Cape Cod Conservation Trusts, Inc., meet with the Commission at its October 16
meeting, to answer questions before the Commission votes on submitting a letter of
Brewster Conservation Commission Minutes. October 9, 2007
recommendation to the Brewster Board of Selectmen for support of the above referenced
Conservation Restrictions.
Letter of Support of Open Space Committee's application for Community Preservation
Act (CPA) funds for purchase of property on 0 Long Pond Road, 47/29 for property
owned by James and Judith K. Crystaloski
The Commission reviewed the above referenced letter from Chairman Stephen McKenna to
the Open Space Committee, in support of its application for CPA funds for purchase of the
property on 0 Long Pond Road, and consensually approved its release.
Review and Approval of Minutes
• September 26, 2007
Following review, Donald Schall moved, Read Kingsbury seconded the motion to approve the
above referenced minutes as written. Approved Unanimously.
• October 2, 2007
Postponed.
Discussions/Review
• Review of Changes to Brewster Wetlands Protection By-law (BWP By-law) Regulations
Chairman McKenna and former Conservation Administrator Keith Johnson recently met with
environmental consultant Dr. Joanne Muramoto, Massachusetts Bays Program Regional
Coordinator for Cape Cod and Senior Scientist, Association for the Preservation of Cape
Cod, requesting her help in revising the By-law and its implementing regulations.
Subsequently, she submitted some suggested changes to the document.
At this time, the Commission and staff reviewed and discussed the By-law and regulations
and their revisions, and added more draft changes to pages one through fifteen of the By-law.
The Commission consensually agreed to continue the revision process of the By-law and
regulations at future public meetings. When revisions are completed, the Conservation
Commission will submit the proposed By-law changes as an article before voters at a Town
Meeting and hold a Public Hearing on the proposed revisions to the regulations, as is legally
required.
• Conservation Commission Policy/Regulations for Consultant Advisory Review
The Commission discussed hiring outside consultants to review certain wetland applications
for resource area survey and delineation, analysis of resource area values, etc., and to
monitor projects following approval of permits.
Commission consensus was large or complex projects would benefit from such review and
ease the burden of the Conservation Administrator. The Commission consensually agreed to
adopt formally in the very near future, consultant fee regulations pursuant to MA General Law
Chapter 44, § 53G, requiring applicants to pay for consultant review of such permit requests
filed under the Wetlands Protection Act (G.L. Ch. 131, § 40) and the BWP Bylaw.
Violations
• Scott McQueen, 71 Carver Road, creation of lawn and installation of permanent
irrigation system within 50 and 100 foot buffer zone of Coastal Bank, 71 Carver Road,
3/21, Order of Conditions SE 9-1335
The owner has been asked to attend the Show Cause Hearing of October 16, to discuss the
above referenced infractions. The Commission determined at the meeting of October 2 that
the owner/contractor shall remove the entire irrigation system from the buffer zone.
The irrigation system as of this date has not been completely removed, Directly following
removal, the Conservation Administrator will take photos of the disturbed removal area, for
submittal to the Commission at the meeting of October 16.
Brewster Conservation Commission Minutes. October 9, 2007
Read Kingsbury moved, Marianne Pagos seconded the motion to ratify the Enforcement
Order. Ratification Approved Unanimously. The Commission signed the document.
• Ocean Edge Resort, 27/39-5, Golf Course Enforcement Order - Order of Condition
project SE 9-1355 Review of Proposed Condition changes related to use of fertilizers
Postponed.
Approval and Chairman Signature of Vouchers
• Horsley Witten Group $225.00
Read Kingsbury moved, Marianne Pagos seconded the motion to approve the above
referenced voucher. Approved Unanimously.
Citizen's Forum
There was no one present requesting to speak.
The meeting adjourned at 10:20 PM.
Carol Spade
Brewster Conservation Commission Minutes. October 9, 2007 3